IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ...

Case 1:16-cv-01053-CRC Document 27-1 Filed 01/30/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MARK CRUMPACKER,

) ) Plaintiff, ) ) v. ) ) CAROLINE CIRAOLO-KLEPPER; ) MICHAEL MARTINEAU; ) MARK J. LANGER; ) COMM'R., INTERNAL REVENUE; ) UNITED STATES ATTORNEY GENERAL; ) and ) 2 UNKNOWN-NAMED IRS/DOJ ) ATTORNEYS, ) ) Defendants. ) _______________________________________) UNITED STATES OF AMERICA ) ) Counterclaim Plaintiff, ) ) v. ) ) MARK CRUMPACKER;MICHAEL B. ELLIS;) and ROBERT A. MCNEIL ) Counterclaim Defendants. ) _______________________________________)

Case No. 1:16-cv-01053

DECLARATION OF RYAN O. MCMONAGLE I, Ryan O. McMonagle, pursuant to 28 U.S.C. § 1746, declare as follows: 1.

I am a trial attorney with the United States Department of Justice, Tax Division

and am counsel for the United States in this matter. I have personal knowledge of the matters set forth below, and if called as a witness, could testify competently thereto. 2.

On or about September 22, 2016, my office received by mail from the

counterclaim defendants, and other individuals, a document purporting to be an Answer to the


United States’ counterclaim in this case, and a purported “cross-counterclaim.” That purported pleading asserts that it was filed by mail with the Clerk of Court for the United States District Court for the District of Columbia. A true and correct copy of that document is attached hereto as Exhibit A. 3.

From December 26, 2016 until January 9, 2017, I was on approved leave from the

Department of Justice. 4.

Because I received by mail a purported “answer” from the counterclaim

defendants, I do not believe that I could in good faith represent to the Court that the counterclaim defendants have “failed to plead or otherwise defend” the United States’ counterclaim. Accordingly, the United States has not sought the entry of a default judgment. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on January 30, 2017 at Washington, District of Columbia /s/ Ryan O. McMonagle RYAN O. MCMONAGLE

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Exhibit A _____________ Exhibit A _____________









